Have you made a Will?

At CD Lawyers, we specialise in Family Law matters but also have years of knowledge in practice areas ranging from criminal law to estates planning and litigation.

Passing away without a Will can place a significant burden on your family. It can impose onerous legal fees on your loved ones and may result in your assets being distributed by the Court. By having your Will drafted by us, we can assist you to have your assets divided in accordance with your wishes upon your passing. You can also nominate the person you wish to act as your executor to look after your Estate when you pass.

It is important to seek professional assistance when writing a Will. Our lawyers will write your Will in accordance with your instructions and provide practical advice that will help prevent any complications after your passing. This reduces the likelihood of disputes regarding interpretation between trustees, beneficiaries and other parties.

A Will properly drafted by a lawyer is the best way to have your assets dealt with as you wish after your passing – but how do you manage your affairs in the event that you lose capacity to make decisions while still alive?

Enduring Power of Attorney (“Attorney”) and Enduring Power of Guardianship (“Guardian”) documents allow you to appoint a trusted person to make decisions on your behalf when you are no longer able to do so. An Attorney is eligible to make property and financial decisions on your behalf. A Guardian has authority to make personal, lifestyle and treatment decisions for you.

Attorney and Guardian documents must be in a specified format in order to be legally enforceable. It is important that you keep the original Attorney and Guardian documents and consider giving copies to your appointed attorneys/guardians and your lawyer. It is also recommended that you provide your GP and relevant health professionals copies, due to the nature of the documents. All copies, especially the original, will need to be kept in a safe place where they will not be lost, damaged or destroyed.

Attorneys and Guardians can assist your family in making life a little bit easier at a difficult time for all. It is important that you have these documents completed in order to be prepared for situations in which you are no longer able to make decisions for yourself.

Our office can prepare Attorney and Guardian documents for you, and write your Will for a fixed fee arrangement. This can be further reduced if we draft the documents together. We also offer discounts for people that hold a pension card. Contact our office for more information.

Please note that the above is general information and should not be relied upon as legal advice. All situations are different and legal advice must always be tailored to the specific situation.